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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 October 2019 Subchapter Subject Page ending with Page M0220.000 CITIZENSHIP & ALIEN REQUIREMENTS Appendix 8 2

Immigration Status Eligible for Full Medicaid Benefits? MMIS Code Lawfully Residing Non-Citizen Children Under Age 19 Years and Pregnant Women No limitation on date of arrival to the U.S. No time limitation on eligibility as long as covered group requirements are met A qualified alien as defined in section 431 of PRWORA (8 U.S.C § 1641) (see M0220.310) Yes <19 I Pregnant P An alien in a nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission, including individuals with valid visas. Yes <19 I Pregnant P An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and nationality Act (INA) (8 U.S.C § 1182 (d)(5)) for less than I year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings Yes <19 I Pregnant P An alien who belongs to one of the following classes: Yes <19 I Pregnant P • aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C.§§ 1160 or 1255a, respectively) Yes <19 I Pregnant P • aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. § 1254a), and pending applicants for TPS who have been granted employment authorization Yes <19 I Pregnant P • aliens who have been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24) Yes <19 I Pregnant P • Family Unity beneficiaries pursuant to section 301 of Pub. L. 101- 649, as amended Yes <19 I Pregnant P • aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President Yes <19 I Pregnant P • aliens currently in deferred action status, except for individuals receiving deferred status as a result of the Deferred Action for Childhood Arrivals (DACA) process, announced by the U.S. Department of Homeland Security on June 15, 2012 Yes <19 I Pregnant P • aliens whose visa petition has been approved and who have a pending application for adjustment of status Yes <19 I Pregnant P A pending applicant for asylum under section 208(a) of the INA (8 U.S.C. § 1158), or for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. § 1231), or under the Convention Against Torture who has been granted employment authorization, or such an applicant under the age of 19 who has had an application pending for at least 180 days Yes <19 I Pregnant P An alien who has been granted withholding of removal under the Convention Against Torture Yes <19 I Pregnant P A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J) Yes <19 I Pregnant P An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806 (e) Yes <19 I Pregnant P An alien who is lawfully present in American Samoa under the immigration laws of American Samoa Yes <19 I Pregnant P